Global Justice, State Duties: The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law

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Malcolm Langford
Cambridge University Press, 2013 - Law - 477 pages
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The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social, and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfill.
 

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Contents

An Emerging Field
3
Extraterritorial Obligations
32
Extraterritorial Duties in International Law
51
International Financial Institutions Transnational Corporations
114
Extraterritorial Human Rights and the Concept of Jurisdiction
153
Towards a Reasonableness Test
192
Responsibility and Human Rights
212
Causality and Extraterritorial Human Rights Obligations
233
Division of Responsibility amongst States
299
Extraterritorial Human Rights Obligations and the NorthSouth
332
Remedies and Reparation
367
Accountability Mechanisms
391
Moral Theory International Law and Global Iustice
419
International Covenant on Economic Social and Cultural Rights
445
Index
469
Copyright

Deprivation Causation and the Law of International Cooperation
259

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About the author (2013)

Malcolm Langford is a Research Fellow at the Norwegian Centre for Human Rights at the Faculty of Law, University of Oslo, and is the Director of the Centre's Socio-Economic Rights Programme. He is also a Visiting Fellow at the Center for the Study of Law and Society, University of California, Berkeley.

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